Per Hon’ble Mr. Pankaj Kumar, Member-Administrative

“a) To declare the provision for recovery of commuted pension in 15 years, as provided in Rule 10A of Central Civil Services Commutation of Pension Rules, 1981 asarbitrary, illegal and unconstitutional, as contained in Annexure No. A1 to this Original Application.

c) To direct the opposite parties not to deduct the amount of commuted portion of pension from the monthly pension after the expiration of 10 years 11 months or at best 11 years.

e) Award costs of the Original Application to the applicants.

2. The facts of the case are that the applicants are retired officers belonging to the Indian Administrative Service and commutation of their pension is governed by the Central Civil Service (Commutation of Pension Rules), 1981 (the Rules, hereafter). Aggrieved with the period of 15 years for recovery of commuted pension under rule 10A of the Rules, the applicants have preferred this OA.

4. We have heard both the parties.

5.2 In Retired IPS Officers (supra), Hon’ble High Court of Delhi found no merit in the case of petitioners thereinand made the following o